Resolution 1985-72
100-273
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RESOLUTION NO. 85- 72
A RESOLUTION AND ORDER ADOPTING REPORT AND
CONFIRMING THE REASSESSMENT AND REFUNDING
LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT
REASSESSMENT AND REFUNDING
RESOLVED, by the City Council of the City of Gilroy, California,
that
WHEREAS, on the 3rd day of September, 1985, said Council adopted
its Resolution No. 85-56, A Resolution of Determination and of Intention
to Refund Special Assessment Bonds and to Levy Reassessments as Security
for the Refunding Bonds to be Issued;
WHEREAS, said Council thereby directed Reimer Associates, being a
qualified person employed by said City to perform any services in
connection with said refunding and reassessment proceedings to make and
file with the City Clerk of said City, a report, in writing, containing
all of the information therein set forth in accordance with and pursuant
to the provisions of Section l2A.149.l, Division 3, Article III,
Chapter l2A of the Gilroy City Code;
WHEREAS, said report was duly made and filed with the City Clerk
of said City, whereupon the City Clerk presented it to this Council for
consideration;
WHEREAS, said Council thereupon duly considered said report and
each and every part thereof, and found that it contained all the matters
and things called for by the provisions of said Code, all of which was
done in the form and manner required by said Code;
WHEREAS, said Council found that said report and each and every
part thereof was sufficient in every particular and determined that it
should stand as the report for all subsequent proceedings under said
Code and said Resolution No. 85-56, whereupon said Council, pursuant to
the requirements of said Code, appointed Monday, the 21st day of
October, 1985, at the hour of 8:00 o'clock p.m. of said day in the
RESOLUTION NO. 85 - 72
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regular meeting place of said Council, Council Chambers, City Hall, 7351
Rosanna Street, Gilroy, California, as the time and place for hearing
protests in relation to said reassessment and refunding and directed the
City Clerk of said City to give notice of said hearing as required by
said Code;
WHEREAS, it appears that notices of said hearing were duly and
regularly posted, mailed and published in the time, form and manner
required by said Code, as evidenced by the certificates and affidavits
on file with said City Clerk, whereupon said hearing was duly and
regularly held at the time and place advertised in said notice; and
WHEREAS, persons interested in any of the property to be
reassessed objecting to said reassessment, refunding, the amount of
unpaid assessments or the amounts of proposed reassessments as to any of
the parcels of land to be reassessed, filed written protests with the
City Clerk of said City at or before the time set for said hearing, and
all persons interested, desiring to be heard, were given an opportunity
to be heard and all matters and things pertaining to said reassessment
and refunding were fully heard and considered by said Council, and were
overruled, and said Council has acquired jurisdiction to order said
reassessment and refunding and the confirmation of said reassessment
diagram and reassessment;
NOW, THEREFORE, said Council does hereby FIND, DETERMINE and
ORDER, as follows:
1. That the owners of one-half of the area of the land proposed
for reassessment did not, at or prior to the time fixed for said
hearing, file written protests against said proposed reassessment or
refunding.
2. That any and all protests, whether written or oral~ made
either to said proposed reassessment or refunding, and all persons
desiring to be heard in relation to any of said matters, whether as
protestants or otherwise, have been fully heard and considered, and have
been overruled.
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3. That the district to be reassessed to pay the cost and
expenses thereof, and the exterior boundaries thereof, is the district
described in said Resolution No. 85-56 and made a part hereof by
reference thereto.
4. That the public interest and convenience require, and said
Council does hereby order the reassessment and refunding to be made and
done as described in and in accordance with said Resolution No. 85-56,
on file in the office of the City Clerk of said City, reference to which
is hereby made for further particulars pursuant to the provisions of
sa id Code.
5. That the reassessment diagram showing the reassessment
district referred to and described in said Resolution No. 85-56 and also
the boundaries and dimensions of the respective subdivisions of land
within said district, each of which subdivisions having been given a
separate number upon said reassessment diagram, as contained in said
report, be, and it is hereby, finally approved and confirmed as the
reassessment diagram of the properties to be reassessed to pay the cost
and expenses of said reassessment and refunding.
6. That the reassessment of the total amount of the cost and
expenses of the proposed reassessment and refunding upon the several
subdivisions of land in said district, as contained in said report, be,
and the same is hereby, finally approved and confirmed as the
reassessment to pay the cost and expenses of said reassessment and
refunding.
7. That said Report be, and the same is hereby, finally adopted
and approved as a whole.
8. That the City Clerk of this City shall forthwith deliver to
the Superintendent of Streets of said City the reassessment, together
with said reassessment diagram thereto attached and made a part thereof
as confirmed by this Council, with her certificate of such confirmation
thereto attached and of the date thereof, and that said Superintendent
of Streets shall forthwith record said reassessment diagram and
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reassessment in his office in a suitable book to be kept for that
purpose, and append thereto his certificate of the date of such
recording, and such recordation shall be and constitute the reassessment
roll herein.
9. That the City Clerk, upon the recording of said reassessment
diagram and reassessment in the office of the Superintendent of Streets
of said City shall file a certified copy of this resolution in the
office of the County Auditor of the County of Santa Clara who shall keep
a record in his office showing the several installments of principal and
interest on the reassessments which are to be collected in each year
during the term of the refunding bonds.
10. The Director of Finance of said City shall, upon receipt of
the proceeds of the sale of the refunding bonds, be, and he is hereby,
authorized and directed to, forthwith, deposit said proceeds in a fund
to be designated "Las Animas Technology Park Assessment District
Refunding Fund" to be used solely for the purpose of refunding the bonds
to be refunded in the manner provided by law, together with the costs of
issuance thereof and any and all other costs incidental to said
reassessment and refunding proceedings.
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I hereby certify that the foregoing resolution was duly and
regularly adopted and passed by the City Council of the City of Gilroy,
California, at a regular meeting thereof held on the 21st day of
October, 1985, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers: ALBERT, GAGE, KLOECKER,
HUSSALLEH, PATE, VALDEZ and HUGHAN.
NOES, Councilmembers:
None
ABSENT, Councilmembers:
None
APPROVED:
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RESOLUTION NO. 85 - 72
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